نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 استادیار فقه و مبانی حقوق اسلامی، دانشگاه سیستان و بلوچستان (نویسنده مسئول)
2 گروه فقه و مبانی حقوق اسلامی/دانشگاه سیستان و بلوچستان/ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Testimony as one of the proofs of litigation is one of the most important and widely used issues in Islamic jurisprudence and law, the terms and conditions of which have been well expressed by the jurists and Mujtahids of the Islamic Ummah. One of the main and controversial issues in this regard is the condition of legitimacy of birth, which the famous Imami jurists and consequently the Iranian law has considered it as a condition for witness, so they do not accept the testimony of the adulterate absolutely; However, Shahid Thani and Sheikh Tusi, among the great Imami jurists and the majority of Sunni jurists, do not consider lawfulness of birth as a condition and believe in accepting the testimony of the adulterate in all civil and criminal matters. Malikis does not allow the testimony of the adulterate on the adultery of another person, and Sheikh Tusi, in another view, has accepted the testimony of the adulterate only in minor matters. The present study, which has been done by descriptive and analytical method, shows that the view of absolutely accepting the testimony of the adulterate is more convincing due to the generality and absoluteness of the reasons of testimony and its non-dedication or restriction and also according to the verse of “Wizr”. As a result, the testimony of the adulterate will be acceptable.
کلیدواژهها [English]
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